Current through Reg. 50, No. 187; September 24, 2024
(1) Determination of disciplinary action
involving abuse, neglect, or exploitation. In determining whether to pursue
disciplinary action in response to verified findings by the Department of
Children and Families of abuse, neglect, or exploitation involving the licensee
or direct service providers rendering services on behalf of the licensee, the
Agency will consider the licensee's corrective action plan and other actions
taken to safeguard the health, safety, and welfare of residents upon discovery
of the violation. Considerations shall include the following:
(a) Whether the licensee properly trained and
screened, in compliance with Section
393.0655, F.S., the staff
member(s) responsible for the violation;
(b) Whether, upon discovery, the licensee
immediately reported any allegations or suspicions of abuse, neglect, or
exploitation to both the Florida Abuse Hotline as well as the Agency;
(c) Whether the licensee fully cooperated
with all investigations of the violation;
(d) Whether the licensee took immediate and
appropriate actions necessary to safeguard the health, safety and welfare of
residents during and after any investigations.
(e) Whether the occurrence is a repeat
violation and the nature of such violation.
(f) The specific facts and circumstances
before, during, and after the violation.
(2) Factors considered when determining
sanctions to be imposed for a violation. The Agency shall consider the
following factors when determining the sanctions for a violation:
(a) The gravity of the violation, including
whether the incident involved the abuse, neglect, exploitation, abandonment,
death, or serious physical or mental injury of a resident, whether death or
serious physical or mental injury could have resulted from the violation, and
whether the violation has resulted in permanent or irrevocable injuries, damage
to property, or loss of property or client funds;
(b) The actions already taken or being taken
by the licensee to correct the violations, or the lack of remedial
action;
(c) The types, dates, and
frequency of previous violations and whether the violation is a repeat
violation;
(d) The number of
residents served by the facility and the number of residents affected or put at
risk by the violation;
(e) Whether
the licensee willfully committed the violation, was aware of the violation, was
willfully ignorant of the violation, or attempted to conceal the
violation;
(f) The licensee's
cooperation with investigating authorities, including the Agency, the
Department of Children and Families, or law enforcement;
(g) The length of time the violation has
existed within the home without being addressed; and,
(h) The extent to which the licensee was
aware of the violation.
(3) Additional considerations for Class I
violations, repeated violations or for violations that have not been corrected.
(a) Subject to the provisions of subsection
65G-2.0041(1),
F.A.C., in response to a Class I violation, the Agency may either file an
Administrative Complaint against the licensee or deny the licensee's
application for renewal of licensure.
(b) A second Class I violation, occurring
within 12 months from the date in which a Final Order was entered for an
Administrative Complaint pertaining to that same violation, shall result in the
imposition of a fine of $1000 per day per violation, revocation, denial or
suspension of the license, or the imposition of a moratorium on new resident
admissions.
(c) The intentional
misrepresentation, by a licensee or by the supervisory staff of a licensee, of
the remedial actions taken to correct a Class I violation shall constitute a
Class I violation. The intentional misrepresentation, by a licensee or by the
supervisory staff of a licensee, of the remedial actions taken to correct a
Class II violation shall constitute a Class II violation. The intentional
misrepresentation, by a licensee or by the supervisory staff of a licensee, of
the remedial actions taken to correct a Class III violation shall constitute a
Class III violation.
(d) Failure to
complete corrective action within the designated timeframes may result in
revocation or non-renewal of the facility's license.
(4) Sanctions. Fines shall be imposed,
pursuant to a final order of the Agency, according to the following
three-tiered classification system for the violation of facility standards as
provided by law or administrative rule. Each day a violation occurs or
continues to occur constitutes a separate violation and is subject to a
separate and additional sanction. Violations shall be classified according to
the following criteria:
(a) Class I statutory
or rule violations are violations that cause or pose an immediate threat of
death or serious harm to the health, safety or welfare of a resident and which
require immediate correction.
1. Class I
violations include all instances where the Department of Children and Families
has verified that the licensee is responsible for abuse, neglect, or
abandonment of a child or abuse, neglect or exploitation of a vulnerable adult.
For purposes of this subparagraph, a licensee is responsible for the action or
inaction of a covered person resulting in abuse, neglect, exploitation or
abandonment when the facts and circumstances show that the covered person's
action, or failure to act, was at the direction of the licensee, or with the
knowledge of the licensee, or under circumstances where a reasonable person in
the licensees' position should have known that the covered person's action, or
failure to act, would result in abuse, neglect, abandonment or exploitation of
a resident.
2. Class I violations
may be penalized by a moratorium on admissions, by the suspension, denial or
revocation of the license, by the nonrenewal of licensure, or by a fine of up
to $1, 000 dollars per day per violation. Administrative sanctions may be
levied notwithstanding remedial actions taken by the licensee after a Class I
violation has occurred.
3. All
Class I violations must be abated or corrected immediately after any covered
person acting on behalf of the licensee becomes aware of the violation other
than the covered person who caused or committed the
violation.
(b) Class II
violations are violations that do not pose an immediate threat to the health,
safety or welfare of a resident, but could reasonably be expected to cause harm
if not corrected. Class II violations include statutory or rule violations
related to the operation and maintenance of a facility or to the personal care
of residents which the Agency determines directly threaten the physical or
emotional health, safety, or security of facility residents, other than Class I
violations.
1. Class II violations may be
penalized by a fine of up to $500 dollars per day per violation.
If four or more Class II violations occur within a one year
time period, the Agency may seek the suspension or revocation of the facility's
license, nonrenewal of licensure, or a moratorium on admissions to the
facility.
2. A fine may be
levied notwithstanding the correction of the violation during the survey if the
violation is a repeat Class II violation.
(c) Class III violations are statutory or
rule violations related to the operation and maintenance of the facility or to
the personal care of residents, other than Class I or Class II violations.
1. Class III violations may be penalized by a
fine of up to $100 dollars per day for each violation.
2. A repeat Class III violation previously
cited in a notice of noncompliance may incur a fine even if the violation is
corrected before the Agency completes its survey of the facility.
3. If twenty or more Class III violations
occur within a one year time period, the Agency may seek the suspension or
revocation of the facility's license, nonrenewal of licensure, or moratorium on
admissions to the facility.
(d) The aggregate amount of any fine imposed
pursuant to this section shall not exceed $10,
000.
Rulemaking Authority
393.501(1),
393.067,
393.0673 FS. Law Implemented
393.067,
393.0673
FS.
New 7-1-14.
